The Housing Selection Scheme Consultation Paper - Northern ...

Consultation on Changes to the 

Housing Selection Scheme 

November 2012

Contents 

Background 3 

The Housing Selection Scheme 3 

Purpose and Scope of the Consultation 4 

Bedrooms - Housing Benefit Occupancy Rules 5 

Key Proposals 7 

Ensuring New Tenants are not Under-Occupying 7 

Minimum Bedroom Requirements 7 

Overcrowding Rules 11 

Interim Offers Policy 11 

Policy Succession and Assignment 11 

Supporting Existing Tenants 12 

Under-Occupation Points 13 

Allocations to Transfers 14 

Access to the Transfer List/Consent to a Mutual Exchange 14 

Mobility and Mutual Exchange Schemes 15 

Creation of Joint Tenancies 15 

Impact on Local Lettings Plans 15 

Equality 17 

Rural Proofing 18 

Summary of Consultation Questions 19 

How to Respond 21 

Next Steps 22 

Proposals for Changes to the Housing Selection Scheme 2

Background 

The Housing Selection Scheme 

The Housing (Northern Ireland) Order, 1981 (Article 22) provides the statutory 

framework for the Housing Selection Scheme. The Housing Executive must 

submit a scheme for determining the order of allocation of Housing Executive 

tenancies. Any amendments to the statutory scheme must be submitted to the 

Department for Social Development for approval. 

In 2000 the Housing Executive and Registered Housing Associations in Northern 

Ireland, having established a Common Waiting List for all social housing in 

Northern Ireland, agreed to participate in a Common Selection Scheme and 

since then the Housing Executive’s Housing Selection Scheme has been used as 

the basis on which all social housing is allocated in Northern Ireland, whether 

owned and managed by the Housing Executive or any of the registered Housing 

Associations. 

The Housing Selection Scheme is first and foremost a tool for assessing and 

ranking the need of individual households who apply for social housing in 

Northern Ireland and allocating homes on the basis of that assessed need and 

ranking. In addition, tenants who wish to transfer within their landlord’s stock or 

across the pool of social housing are also assessed and ranked as applicants 

under the rules of the Housing Selection Scheme. The Scheme provides for the 

award of points to applicants for housing need factors such as insecurity of 

tenure, housing conditions, and health/social well-being, with the overall 

accumulation of points determining the position and ranking of an applicant on 

the waiting list. 

A full copy of the current rules of the Housing Selection Scheme can be found on 

the Housing Executive’s website at: 

http://www.nihe.gov.uk/housing_selection_scheme_rules.pdf 


Purpose and Scope of the Consultation 

In 2011 a preliminary consultation was carried out on proposals to amend a 

number of key aspects of the Housing Selection Scheme. Housing Executive and 

DSD officers subsequently jointly developed a number of options for 

modernisation of the Scheme which contained an option for a potentially radical 

examination of what factors should be taken into account in determining the 

priority for the allocation of social housing. 

This work was reported to the Minister in early 2012 and, as a result, the Minister 

has recently announced a fundamental review of allocations policy in Northern 

Ireland. The fundamental review will be conducted by independent consultants 

and will consider overarching strategic issues. 

It will take some time to research, develop, consult and implement change on 

such a scale and, in the interim, while that broader work is being carried out, it is 

recognised that important amendments will be required as a matter of priority to 

the existing Housing Selection Scheme in light of the Government’s programme 

of Welfare Reform. 

The Welfare Reform Act, affecting Great Britain, received Royal Assent in March 

2012. The Act provides for the most fundamental programme of welfare reform 

for sixty years. A similar Welfare Reform Bill has been developed for Northern 

Ireland, and is currently being debated by the Northern Ireland Executive and will 

be subject to approval by the Assembly. The Bill proposes corresponding 

changes here and, if implemented, many of the current benefits will cease to 

exist and a new Universal Credit will replace several benefits and new payment 

systems will be introduced. Information on universal credit and other elements of 

welfare reform can be found on the NI Direct Website: www.nidirect.gov.uk 

If the Welfare Reform Bill is passed, and Northern Ireland maintains parity with 

Great Britain, from 1 April 2013 a size criteria will be introduced for new and 

existing working-age 1 Housing Benefit claimants living in the social rented sector. 

This size criteria will replicate that which applies to Housing Benefit claimants in 

the private rented sector and whose claims are assessed using the local housing 

allowance rules. The tenant’s maximum rent will be reduced by a national 

percentage rate depending on how many bedrooms the household is considered 

to be under-occupying. The change will only apply to working-age Housing 

Benefit claimants. New and existing Housing Benefit claims from those claimants 

who have reached the qualifying age for state pension credit will be unaffected 

by this measure. 

The size criteria measure is the only element of the Welfare Reform Bill which 

affects social landlords alone. 

1 By April 2013 the qualifying age for state pension credit is 61 rising to 62 years by the following 

April so, a tenant who is aged 62 or older before 6 April 2013 (or more precisely anyone born 

before 6 October 1951) will not be subject to the size criteria. 


Making best use of social housing stock is one of the aims of the size criteria. 

The Government intention is that, by moving away from a system of benefit that 

pays for any sized home regardless of household need, movement will be 

created within social housing stock ensuring that the resulting vacancies are 

targeted towards those who need them most. 

Size criteria - Key Points 

• the size criteria will apply to new and existing working age housing benefit 

claimants in the social rented sector. 

• the measure is due to come into effect from 1 April 2013. 

• by April 2013 the qualifying age for state pension credit is 61 rising to 62 

years by the following April so, a tenant who is aged 62 or older before 6 April 

2013 (or more precisely anyone born before 6 October 1951) will not be 

subject to the size criteria. 

• Housing Benefit claimants will be assessed to establish the size of 

accommodation the tenant and their household are deemed to reasonably 

need (see section on ‘Bedrooms - Housing Benefit Occupancy Rules) 

• those who are assessed as under-occupying for housing benefit purposes will 

have their housing benefit reduced by a percentage rate of their eligible rent 

depending on the number of bedrooms they are deemed to be underoccupying:14% 

for one extra bedroom 25% for two or more extra bedrooms 

• a tenant on partial housing benefit will have the size criteria applied in the 

same way as those on full housing benefit. So, if a tenant whose rent is £80 

per week receives £40 per week housing benefit and is under-occupying by 

two bedrooms, their benefit will be reduced by 25 per cent of the £80 rent, not 

25 per cent of the £40 housing benefit - a reduction of £20 per week rather 

than £10. 

Bedrooms - Housing Benefit Occupancy Rules 

The size of bedroom, for example, single, twin or double, will not be taken into 

account and living rooms, kitchens and bathrooms will not be included in the 

assessment. 

One bedroom is allowed for: 

• each adult couple 

• any other person aged 16 or over 

• two children of the same sex under the age of 16 

• two children regardless of sex under the age of 10 

• any other child 

• a carer, or one of a team of carers, who has a home elsewhere, who uses a 

spare bedroom on a regular basis to stay overnight because the claimant or 

their partner requires overnight care. 


There is no distinction between larger and smaller bedrooms for housing benefit 

purposes, for example, a house with one double bedroom and two single 

bedrooms will be a three bedroom property. 

The size criteria do not apply to: 

• those over state pension credit age 

• those in shared ownership schemes 

• those in sheltered or supported housing who have support services provided 

by a not for profit landlord. 2 

Otherwise, there are no exceptions to this which means that: 

• if separated parents share childcare, the child will only be taken account of in 

calculating the property size for the housing benefit claim of the designated 

‘main carer’ – if care is shared exactly equally the main carer will usually be 

the parent that receives child benefit 

• parents whose children visit but are not part of the household are not 

assessed as needing an extra bedroom for housing benefit. 

• foster children will not be considered when assessing whether or not a home 

is under-occupied. 

• couples using a spare bedroom, for example when recovering from illness will 

still be considered to be under-occupying 

• disabled people living in adapted or specially designed properties which have 

more bedrooms than are permitted by the size criteria will have their housing 

benefit reduced, unless designated as supported ‘exempt’ accommodation. 

• disabled children who because of their age would be expected to share with 

siblings, will not be entitled to a separate bedroom. 3 

2 This is a particular type of supported accommodation defined for housing benefit purposes as 

accommodation provided by a non-metropolitan county council in England, a housing association, 

a registered charity or voluntary organisation, where that body or a person acting on its behalf 

also provides the claimant with care, support or supervision 

3 The judgment in the Court of Appeal decision in the cases of Burnip, Trengove and Gorry 

concerns size criteria for Local Housing Allowance, including the need for an additional room for 

children with serious disabilities where it may be inappropriate for them to share a bedroom. 

It was unanimously held that the size criteria discriminated unlawfully against the three 

appellants, on grounds of disability, by not including provision to meet their need for an additional 

room. In light of the fact that leave to appeal to the Supreme Court has been sought the DSD has 

recommended that, although a decision of the Court of Appeal in GB is highly persuasive, it is not 

binding in NI and therefore should not be followed at present. 


Key Proposals 

Ensuring New Tenants are not Under-Occupying 

The Housing Executive and registered Housing Associations as participating 

landlords in a Common Selection Scheme recognise that a comprehensive 

approach to allocations and housing options is a key element to responding to 

the introduction of Housing Benefit size restrictions for both existing and future 

tenants (new and current applicants). As Social Landlords we seek, as far as 

reasonably possible, to allocate accommodation to applicants in line with the 

Housing Benefit size restriction policy to mitigate any adverse impacts on new 

tenants and potential financial hardship and risk of arrears incurring next April 

2013 when the changes are due to take effect. 

It is in this context, mindful of the need to make the best use of stock in future 

allocations and support existing tenants affected by the changes that the Housing 

Executive has identified a number of rules of the Housing Selection Scheme 

which require further consideration and propose a number of changes which are 

deemed necessary to re-align allocation policies with welfare reform. 

Amendments to Minimum Bedroom Requirements - Schedule 3 of the 

Rules of the Housing Selection Scheme 

The Housing Executive’s current allocation policy determines the accommodation 

needs of applicants based on the Housing Selection Scheme’s Minimum 

Bedroom Requirements which are contained in Schedule 3 of the Rules. This 

Schedule is used as the basis by which Allocating Officers decide what is a 

reasonable offer in line with Rule 57. 

(A) Changes to Age Criteria 

The ages at which children are expected to share bedrooms for the purposes of 

allocations currently differ to the age criteria contained in the proposed size 

restrictions rules in the forthcoming reform of Housing Benefit. (See Table 1) 


Table 1: Examples of how the Size Criteria Might Apply to a Household with 

Children compared to the rules of the current Housing Selection Scheme 

Household 

A household 

comprising of a 

lone parent with 

two children, a 

boy aged three 

and girl aged 

eight years 

Current Housing 

Selection Scheme 

Rules 

Would qualify for a 

three bedroom 

house, one for the 

lone parent and one 

each for the children 

as the children are of 

different sex and one 

is over the age of 7 

years. 

New Housing 

Benefit Rules from 

1st April 2013 

Will qualify for 

housing benefit for a 

two bedroom home - 

one bedroom for the 

lone parent and a 

second for the 

children as they are 

both under 10 and 

expected to share. 

Impact of New 

Housing Benefit 

Rules 

If this family were 

housed in a three 

bedroom house in 

line with the current 

Housing Selection 

Scheme rules they 

would have to pay 

the difference in 

rent of 

approximately £7 to 

£10 per week 

A household of a 

couple with three 

children: two boys 

aged two years 

and five years 

and a girl aged 11 

years old. 

Would be assessed 

as requiring three 

bedrooms - one for 

the couple, one for 

the two boys who 

would be expected to 

share and a separate 

bedroom for the girl 

aged 11. 


housing benefit for a 

three bedroom home 

- one for the couple, 

one for the two boys 

and a third for the girl 

aged 11. 

This household 

scenario would not 

be affected by the 

Housing Benefit 

size restriction. 

A household with 

a couple and 

three children, a 

girl of 6 and two 

boys aged 12 and 

16 years. 

Would be assessed 

as requiring three 

bedrooms - one for 

the couple, one for 

the two boys who 

would be expected to 

share until the older 

reached 18 years 

and a separate 


aged 6. 


housing benefit for 

four bedrooms - one 

for the couple; a 

separate one for the 

boy aged 16; a 

separate one for the 

boy aged 12 years 

and a separate 


of 6. 

This household 

would be entitled to 

a greater number of 

bedrooms under 

the new Housing 

Benefit rules than 

under the current 

allocation rules in 

the Housing 

Selection Scheme. 

Our Proposal: It is recommended that Schedule 3 of the Housing Selection 

Scheme Rules should be amended to bring the age criteria for minimum 

bedroom requirements into line with that used for Housing Benefit purposes. This 

will mean that two children of different genders will now be expected to share up 

to the age 10 years (currently up to 7 years) and children of any age of the same 


sex will be expected to share up to 16 years (currently 18 years), while persons 

of 16 years and above will be determined to require a bedroom of their own 

(currently 18 years). This proposed change will mean that while younger children 

of different sex will be expected to share a bedroom for longer, until age 10, on 

the other hand, it will be more generous for older children who will be assessed 

as requiring their own bedroom from age 16. 

This change is viewed as essential to re-align the allocations policy with the 

Housing Benefit regulations and ensure in so far as reasonably practical that new 

allocations make best use of housing stock and do not result in underoccupation. 

Consultation Question 1 

Do you agree with the recommendation that the Age Criteria for Children sharing 

bedrooms should be amended as outlined in line with the proposed amendments 

to Housing Benefit Regulations? 

(B) Allocations of Difficult-to-Let Properties 

Under the current rules of the Housing Selection Scheme, allocations resulting in 

under-occupation are on occasion made where there are good housing 

management grounds to applicants with smaller households, often single 

persons, in areas where housing need has been met or where a particular 

property has been identified as difficult to let in order to prevent or minimise 

voids. 

Our Proposal: It is proposed to retain this flexibility to enable participating 

landlords to make allocations in such circumstances. Working age tenants on 

housing benefit in these circumstances will be advised before they accept the 

offer that they will need to consider how they would meet any potential shortfall in 

rent as a result of the potential Housing Benefit restriction. 


Do you agree with the proposal to retain flexibility to make allocations to 

applicants who do not meet the minimum bedroom requirements for difficult-to-let 

areas or properties? 

(C) Parents with Access to Children who do not Permanently Reside with 

them 

The Housing Executive recognises the need for a parent(s) to have an additional 

bedroom to facilitate access arrangements to children who do not permanently 

reside with them and currently calculates minimum bedroom requirements and 

makes allocations on this basis. However, the proposed Housing Benefit size 

restriction does not recognise this need and from April 2013 such a bedroom will 


e considered as under-occupied with the consequent reduction in Housing 

Benefit for the tenant. 

Our Proposal: The Housing Executive has reviewed this allocation policy and 

proposes to continue with the policy of allocating an additional bedroom in such 

circumstances. Working age tenants in receipt of housing benefit in these 

circumstances will be advised before they accept the offer of accommodation 

that they will need to consider how they would meet any potential shortfall in rent 

as a result of the potential Housing Benefit restriction. 


Do you agree with the proposal to continue to make allocations to certain 

applicants of one bedroom more than their minimum requirements to facilitate 

access to children? 

(D) Flexibility to Make Allocations One Bedroom in Excess of Minimum 

Requirements 

The Housing Executive recognises that there are circumstances where a 

Participating Landlord may decide to make an allocation which is above the 

applicant’s bedroom requirements for good housing management reasons. 

These may include: 

• Allocations to applicants where smaller accommodation, particularly onebedroom 

accommodation does not exist or turnover of smaller sized 

accommodation is very low. 

• Allocations where a property has special features / adaptations which would 

particularly meet the needs of the applicant or applicant’s household. 

Working age tenants in receipt of housing benefit in these circumstances will be 

advised before they accept the offer of accommodation that they will need to 

consider how they would meet any potential shortfall in rent. as a result of the 

potential Housing Benefit restriction. 


Do you agree with the proposal to retain the flexibility to make allocations one 

bedroom in excess of an applicant’s minimum bedroom requirements for good 

housing management reasons as outlined? 


Overcrowding Rules 

The Housing Selection Scheme contains rules which determine whether a 

household is classified as overcrowded. As outlined above, the ages at which 

children are expected to share bedrooms are currently not aligned with those in 

the proposed Housing Benefit size restrictions. 

Our Proposal: It is recommended that the Housing Selection Scheme age 

criteria for determining overcrowding assessments (Rule 29) should be brought 

in line with that used for Housing Benefit purposes in order to ensure a consistent 

approach and applicants are not re-housed in circumstances where the property 

is deemed to be under-occupied. 


Do you agree that Rule 29 should be amended to bring the age criteria for 

sharing bedrooms in line with the proposed Housing Benefit size restriction? 

Interim Offers Policy 

The Housing Executive has developed a Communication Strategy to ensure that 

applicants, tenants and customers of the Housing Executive are advised of the 

implications of Welfare Reform and changes to benefits. A key part of that 

strategy is to ensure that Waiting List applicants, particularly those who will be 

offered a tenancy during the remainder of this financial year prior to the Housing 

Benefit reforms in April 2013, are aware of the impending changes including the 

age criteria for minimum bedroom requirements and the potential financial 

implications. It is important to advise current applicants on the Waiting List when 

they are receiving an offer of the proposed changes to Housing Benefit. The 

Housing Executive has amended the suite of Housing Executive and Housing 

Association letters of offer to ensure applicants and transferring tenants’ are 

aware of the size restriction which is expected to take effect from April 2013 and 

to consider the potential financial impact. 

Tenancy Sign Up 

In addition, further advice and information has been added to the tenancy sign-up 

process informing new tenants of the potential impact of welfare reform 

provisions and how this might affect them. Tenants are also being advised that 

changes in household composition resulting in under-occupancy may affect their 

Housing Benefit entitlement for example family breakdown, children leaving 

home or the death of a family member. The signing of a financial undertaking 

should be considered where an allocation is awarded for a property above the 

new tenant’s bedroom requirements. 

Policy Succession and Assignment 

Rules 74, 75 and 77 of the Housing Selection Scheme provide for specific 

circumstances where a person who does not have a statutory entitlement to a 


succession or assignment may be awarded a tenancy. However the Housing 

Executive is concerned that decisions to award a tenancy to an applicant who 

meets the policy Assignment and Succession criteria as outlined may not make 

best use of stock and may result in under occupation and potential financial 

hardship for the new tenant. Working age tenants in receipt of housing benefit in 

these circumstances will be advised before they accept the offer that they will 

need to consider how they would meet any potential shortfall in rent as a result of 

the potential Housing Benefit restriction. 

Our Proposal: The relevant rules should be amended to clarify that the landlord 

may decide to withhold consent in such circumstances where the new tenancy is 

likely to or would result in under occupation and potential financial hardship. 


Do you agree with the proposal that a tenant who is awarded a policy succession 

or policy assignment and is under-occupying their property should be advised of 

the potential impact on a housing benefit application and will be asked to make a 

financial declaration of responsibility for any shortfall in rent? 

Supporting Existing Tenants who wish to Downsize 

The Housing Executive has identified that over 32,500 4 Housing Executive and 

Housing Association tenants who are of working age and in receipt of Housing 

Benefit would be affected by the size restriction and deemed to be underoccupying 

their home. This is approximately one in four households living in 

social housing in Northern Ireland (See Table 2). 

Table 2: Housing Executive and Housing Association Tenants affected by 

Size Restriction 

No. of 

NIHE 

Tenants 

Affected 

No. of HA 

Tenants 

Affected 

Total 

Social 

Sector 

Tenants 

Total Tenants 89,000 34,000 123,000 

Tenants in Receipt of HB 68,300 24,400 92,700 

Working Age Tenants in receipt of HB 43,600 15,000 58,600 

Tenants Affected by Size Restriction 26,168 6,262 32,430 

No. Under occupied by 1 bedroom 

(Avg. Weekly HB Reduction) 

No. Under occupied by 2 bedrooms or more 

(Avg. Weekly HB Reduction) 

18,850 

(£8.25) 

7,318 

(£14.70) 

5,046 

(£9.24) 

1,216 

(£17.48) 

23,896 

8,534 

4 This figure relates to data extracted from housing benefit files matched with property records in 

May 2012 and is subject to fluctuation as a result of housing benefit change in circumstances and 

household occupancy. 


Many tenants will choose not to move and to stay and pay the difference 

between their housing benefit award and their full rent charge; however some 

may not be able to meet the shortfall and may decide to move to avoid financial 

hardship, rent arrears and the risk of losing their home and becoming homeless. 

We are expecting that the demand for transfers is likely to rise sharply as some 

tenants try to move to smaller, more affordable homes. The majority of the 

tenants who will be affected are single people and couples with no children living 

in the household (16,000 NIHE tenants and 3456 Housing Association tenants). 

Consequently, there may be increased demand for tenants to downsize to one 

bedroom homes. 

As landlords it is important that we provide support and advice to our tenants in 

these circumstances and that we ensure that the Housing Selection Scheme 

gives due recognition to under-occupying tenants who are impacted by this size 

restriction and suffering financial hardship. The Housing Executive must consider 

whether the level of recognition within the Housing Selection Scheme given to 

under-occupying tenants is set at a high enough level to enable them to move if 

they need to. The Housing Selection Scheme currently recognises the needs of 

tenants who are under-occupying through the award of Under-Occupation points. 

Under-Occupation Points 

Under-Occupation Points are currently awarded only to a social housing tenant if 

his / her current accommodation exceeds the needs of the tenant’s household, 

and all other persons residing in the dwelling, in respect of the number and size 

of available bedrooms. 10 points are awarded for each bedroom in excess of the 

requirements (using the same criteria applied to determine Overcrowding points). 

The maximum number of points that may be awarded for Under Occupation is 30 

i.e. 3 bedrooms in excess of requirements. 

Following careful consideration it is the view that this level of points may not be 

sufficient to allow tenants who are affected by this change to ‘compete’ for 

allocations, given that many tenants do not have any other housing need factors 

and traditionally accumulate limited points under the Housing Selection Scheme. 

It is of interest that in Great Britain the Localism Act (2011) removed most 

transferring tenants from the allocation rules, thereby allowing local authorities 

the flexibility to give additional priority to existing tenants affected by the size 

criteria who wish to move to smaller accommodation. While the Housing 

Executive is aware of the need to give due priority to new applicants in housing 

need, it recognises that it needs to balance this with the needs of existing tenants 

who need to move out of a home larger than they require and which they cannot 

afford. The Housing Executive and registered Housing Associations as 

participating landlords in a Common selection Scheme are of the view that 

under-occupying tenants affected by the size restriction should be treated as a 

priority group regardless of housing need, particularly if they are living in the type 

of home which is in demand. 


Allocations to Transfers - Rule 72 

Rule 72 of the Scheme contains a general principle when making allocations to 

transfer applicants that a ratio of one transfer allocation for every two Waiting List 

allocations should be employed. Underlying this rule, within guidance, is a policy 

of awarding ‘Management Transfer status’ to certain categories of tenants to 

allow Designated Officers the flexibility to make best use of their housing stock 

by allowing Officers the discretion to transfer tenants, under certain 

circumstances, without reference to their points level. 

Our Proposal: It is proposed that the Housing Selection Scheme should relax 

the transfer: applicant allocations ratio and introduce a new Management 

Transfer category which will prioritise transferring tenants who are underoccupying 

and wish to downsize, thereby freeing up the resulting vacancy to 

applicants on the Waiting List in housing need. 


Do you agree with the proposal that the Housing Selection Scheme should relax 

the current transfer: applicant allocations ratio and include an additional priority 

Management Transfer category to address the needs of tenants who are under 

occupying and are seeking to move to a smaller more affordable home? 

Access to the Transfer List/Consent to a Mutual Exchange 

The Housing Executive seeks to ensure that its policy on transfers does not pose 

any barriers to those tenants affected by the size restriction wishing to downsize. 

Therefore it is recognised that the current policy of refusing access to the transfer 

list to tenants who have held that tenancy for less than two years and to those 

tenants who are in rent arrears of four or more weeks should be amended. 

Our Proposal: It is proposed on the basis of good housing management that this 

access criterion is waived for tenants who have incurred arrears as a direct 

consequence of the shortfall in Housing Benefit due to size restriction. Similarly, 

the Housing Executive may wish to consent to a request for a suitable Mutual 

Exchange (Assignment by Way of Exchange) for those tenants who are in 

arrears as a direct result of the shortfall in Housing Benefit due to the size 

restriction. 


Do you agree with the proposal that the criteria for access to the transfer list and 

the discretion to withhold consent to a request for a Mutual Exchange should be 

amended in circumstances where the tenant is under occupying and impacted by 

the size restriction and seeks to move to smaller accommodation? 


Mobility and Mutual Exchange Schemes 

Rules 80 to 83 of the Housing Selection Scheme are rules which relate to 

National Mobility Schemes which no longer exist and therefore should be 

removed. The government recently launched a new HomeSwap Direct initiative, 

a national mobility web based scheme which facilitate tenant exchange across 

the UK. Subject to any legal constraints, The Housing Executive and registered 

housing associations are keen to offer tenants various mobility options and are 

currently exploring the options to participate in this initiative. 


Do you agree with the proposal to enable tenant exchange across the UK? 

Creation of Joint Tenancies 

The Housing Selection Scheme currently contains rules (78-79) which specify the 

circumstances in which a participating landlord may consent to the creation of a 

joint tenancy. Generally, the specified circumstances require that the current 

tenant and the proposed joint tenant (other than a spouse or civil partner) have 

been residing in the current tenant’s household for a period of at least one year. 

The Housing Executive recognises that it may be beneficial to relax these rules 

to allow sole tenants to have a joint tenancy with another person, thereby 

improving their ability to address issues of under-occupation and pay any 

shortfall in rent arising from a reduction in Housing Benefit. 

Our Proposal: It is proposed to amend the relevant rules to remove the 12 

month residence requirement for a proposed joint tenant when considering an 

application for a change in tenancy from a sole tenancy to a joint tenancy. 


Do you agree with the proposal to remove the existing 12 month residence 

requirement for the creation of joint tenancies? 

Impact on Local Lettings Plans 

Under Rule 84 of the Housing Selection Scheme the Housing Executive and 

Housing Associations have, through the authority of the Board and Department, 

developed local lettings plans to deliver balanced and sustainable communities, 

to increase demand and tackle issues such as anti-social behaviour. Applying 

these local lettings policies often mean that people are allocated homes which 

have more bedrooms than they are deemed to need under the size criteria and 

those homes may no longer be affordable once the size criteria is introduced. 

The Housing Executive and Housing Associations recognise that it will be 

necessary to review this approach in the light of the size criteria to establish if 

their use means that working age people on housing benefit are offered homes 

which are larger than the size criteria. It will be necessary to consider if we 


decide to stop using them, how else we might be able to balance communities. 

We will need to review these policies to check that they are still sustainable and 

consider if some re-designation or flexibility, if needed, is possible. As part of this 

it is important to consult and work closely with existing residents as any decisions 

taken will impact on them. 

For example policies may: 

• designate certain flats for ‘Mature/Elderly’ residents. This age-based local 

lettings plan facilitates lettings to older people to ensure the quiet and 

peaceful enjoyment of the neighbourhood. However, this policy may result in 

a restricted supply of units for younger people affected by the size criteria to 

transfer to. The Designated Lettings Policy under Rule 70A will require 

review. 

• avoid housing families with young children (under 10 years) in larger, upper 

floor flats - which means that single people and couples without children are 

allocated those units and, following the introduction of the size criteria, they 

may be under-occupying and unable to afford to live there. 


Do you agree that the local lettings policies should be reviewed in light of the 

impending size restriction? 


Equality 

Section 75 of the Northern Ireland Act 1998 requires the Housing Executive in 

carrying out its functions to have due regard to the need to promote equality of 

opportunity: 

• between persons of different religious belief, political opinion, racial group, 

age, marital status or sexual orientation; 

• between men and women generally; 

• between persons with a disability and persons without; and 

• between persons with dependants and persons without. 

Without prejudice to the obligations set out above, the Housing Executive is also 

required, in carrying out its functions relating to Northern Ireland, to have regard 

to the desirability of promoting good relations between persons of different 

religious belief, political opinion or racial group. 

The Department for Social Development carried out a full Equality Impact 

Assessment of the Welfare Reform Bill in April 2012. 

http://www.dsdni.gov.uk/wefare-reform-bill-completed-eqia-april-2012.doc 

The Housing Executive will undertake an equality screening of the proposals 

contained in this paper. The purpose of the screening is to assess different 

impact of the proposals on the Section 75 groups outlined above. This screening 

will help inform the development of these proposals. However if the screening 

identifies adverse (or major) impacts, consideration will be given to a full equality 

impact assessment. 


Do you have any information to help inform the screening process? Are there any 

particular equality issues that you feel should be taken into account in the 

screening (or equality impact assessment)? 


Rural Proofing 

Rural proofing is a commitment by Government to ensure that policies take 

account of rural circumstances and needs. An initial screening of the proposed 

changes to the Housing Selection Scheme has been undertaken to consider rural 

issues. The following issues have been identified relevant to rural areas: 

1. It is probable that relocating households to smaller housing will be harder in 

rural areas because of the housing stock and the distances involved. 

Research undertaken by the University of Cambridge in England shows that 

under-occupation is more common in rural than in urban areas. Contributory 

factors include the lower level of smaller properties in rural areas and an older 

rural demographic. An examination of similar issues here is currently ongoing 

but indications are that a similar situation exists in Northern Ireland. 

2. While infrastructure varies in rural areas it is generally weaker, in terms of 

both information technology and physical networks. This could create 

particular issues in ensuring that information on the proposed amendments is 

accessible for rural dwellers. 

In relation to 1, the proposed changes are primarily designed to address issues 

and where possible alleviate problems arising from Welfare Reform. While the 

out-workings of Welfare Reform arising from Housing Benefit size criteria may 

have a differential impact in rural areas, when the proposed HSS changes apply, 

they will provide similar mitigation in both urban and rural areas. The specific 

changes proposed to the Housing Selection Scheme have a general applicability 

(i.e. there is no difference in their application depending on where you live) and 

as such do not have any bias towards or against rural areas. 

In relation to 2, we acknowledge the importance of accessible information and in 

this context, need to ensure that those affected by shortfalls in housing benefit 

are aware of the implications; this applies both to existing tenants and to those 

applying for or taking up tenancies. As proposed communication involves direct 

contact with those affected either by letter or - when signing up for tenancies - 

face-to face interviews, this will ensure that those affected in rural areas are 

aware of the implications involved. 

In effect therefore, from the examination to date, the proposed changes to the 

Housing Selection Scheme do not appear to have any potential for an adverse 

differential impact on rural areas. 


Do you have any evidence to suggest that the proposals within this paper would 

create any adverse differential impact on rural areas? 


Summary of Consultation Questions 


Do you agree with the recommendation that the Age Criteria for Children sharing 

bedrooms should be amended as outlined in line with the proposed amendments 

to Housing Benefit Regulations? 


Do you agree with the proposal to retain flexibility to make allocations to 

applicants who do not meet the minimum bedroom requirements in difficult-to-let 

areas or properties? 


Do you agree with the proposal to continue to make allocations to certain 

applicants of one bedroom more than their minimum requirements to facilitate 

access to children? 


Do you agree with the proposal to retain the flexibility to make allocations one 

bedroom in excess of an applicant’s minimum bedroom requirements for good 

housing management reasons as outlined? 


Do you agree that Rule 29 should be amended to bring the age criteria for 

sharing bedrooms in line with the proposed Housing Benefit size restriction? 


Do you agree with the proposal that tenants who are awarded a policy 

succession or policy assignment and are under-occupying their property should 

be advised of the potential impact on a housing benefit application and will be 

asked to make a financial declaration of responsibility for any shortfall in rent? 


Do you agree with the proposal that the Housing Selection Scheme should relax 

the current transfer: applicant allocations ratio and include an additional priority 

Management Transfer category to address the needs of tenants who are under 

occupying and are seeking to move to a smaller more affordable home? 


Do you agree with the proposal that the criteria for access to the transfer list and 

the discretion to withhold consent to a request for a Mutual Exchange should be 

amended in circumstances where the tenant is under occupying and impacted by 

the size restriction and seeks to move to smaller accommodation? 


Do you agree with the proposal to allow tenant exchange across the UK? 



Do you agree with the proposal to remove the existing 12 month residence 

requirement for the creation of joint tenancies? 


Do you agree that the local lettings policies should be reviewed in light of the 

impending size restriction? 


Do you have any information to help inform the screening process? Are there any 

particular equality issues that you feel should be taken into account in the 

screening (or equality impact assessment)? 


Do you have any evidence to suggest that the proposals within this paper would 

create any adverse differential impact on rural areas? 


How to Respond 

We would welcome your views on the proposals contained in this paper and the 

various consultation questions summarised above. 

The consultation period will run from date to date 15th November 2012 to 24th 

January 2013. Further copies of the consultation document are available on the 

Housing Executive’s website (www.nihe.gov.uk/index/consultations) or by 

contacting us at the address below. 

If this document is not in a format that suits your needs, please contact us and 

we can discuss alternative arrangements. 

Unless respondents indicate otherwise, all responses to this consultation may be 

published in full or summary form. You should also note that the Housing 

Executive is subject to the Freedom of Information Act 2000. This means that we 

have to consider any request made to us under the Act for information relating to 

responses made to this consultation. 

Responses by email are particularly encouraged for ease of compilation. E-mail: 

fiona.neilan@nihe.gov.uk. Or alternatively please send your responses to us by 

24th January 2013 to the following address: 

Fiona Neilan 

Housing Policy 

Northern Ireland Housing Executive 

The Housing Centre 

2 Adelaide Street 

Belfast 

BT2 8PB 

Telephone: (028) 9031 8240 

Text phone: 0845 6504381 

Fax: (028) 9031 8258 


Next Steps 

Following the end of the consultation period, the Housing Executive’s Board and 

Department for Social Development will wish to fully consider the views of respondents 

before making any determination on the proposals. All views and proposals will be 

subject to an equality impact assessment. 

When a decision has been reached NIHE will publish a final report including a summary 

of responses to the consultation on the proposals, detailing how the issues raised have 

been considered and, where appropriate, any action that will be taken as a result. 

Subsequently, the Housing Executive’s Board and the Department will be asked to 

consider and approve necessary amendments to the Housing Selection Scheme. 

The changes to Housing Benefit to introduce the size restriction are due to come into 

effect in April 2013 and therefore the Housing Executive aims to introduce the 

amendments proposed in this consultation paper to coincide with that date.

The Housing Selection Scheme Consultation Paper - Northern ...

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